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dismissed EB-2 (NIW)

Special Education Teacher

Special Education · 2025-02-26

Decision Date
2025-02-26
Location
Texas
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to establish a multidisciplinary space with a responsive approach, focused on the neurodevelopment and psychomotor skills of children with special needs in Texas. The company will offer a full range of services from initial assessment to intervention and ongoing monitoring, ensuring holistic and continuous support for each child.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The proposed endeavor was found to have substantial merit but lacked national importance as its impact was not shown to extend beyond the company's clients or have broader implications for the field, nor did the projected job creation or proposed services demonstrate national importance.

2 Well-Positioned to Advance the Endeavor Not Met

USCIS declined to evaluate this prong as the first prong was not met, making a determination unnecessary.

3 Benefit to the US to Waive Job Offer and Labor Certification Not Met

USCIS declined to evaluate this prong as the first prong was not met, making a determination unnecessary.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor, thus not meeting the first Dhanasar prong. While the endeavor had substantial merit, USCIS found no evidence that the services would extend beyond the company's clients to broadly impact the field, create significant job growth commensurate with national importance (16-35 jobs), or disseminate unique, innovative educational practices with national or global implications. Therefore, the petitioner did not demonstrate eligibility for a waiver of the job offer requirement in the national interest.

Evidence

Evidence Types
Reference Letters Dependent

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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